Mitchell v. Kemp & Burpee Mfg. Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge.' Action by Benjamin C. Mitchell, individually, and Benjamin C. Mitchell and another, trading as B. C. Mitchell & Son, against the Kemp & Burpee Manufacturing Company. Judgment for defendant (215 Fed. 935), and plaintiffs bring error.
1Opinion of the Court
WOOLEEY, Circuit Judge.
The Kemp & Burpee Manufacturing Company, which will hereafter be referred to as the Manufacturing Company, instituted an action against the copartnership of B. C. Mitchell & Son to recover a balance due for merchandise sold under a contract. Mitchell & Son admitted the amount due, but in avoidance of payment made a counterclaim for damages arising out of alleged breaches of the contract by the Manufacturing Company, which, in addition to being presented as a defense to the action instituted against them by the Manufacturing Company, was alleged as the cause of action in…
2Cases cited4 opinions
- Marine Iron Works v. WiessCourt of Appeals for the Fifth Circuit · 1906
- Hyde v. KiehlSupreme Court of Pennsylvania · 1898
- Allen v. SowerbyCourt of Appeals of Maryland · 1873
- Pokegama Sugar Pine Lumber Co. v. Klamath River Lumber & Improvement Co.U.S. Circuit Court for the District of Northern California · 1899
3Cited by11 opinions
- In Re Adoption of a MinorCourt of Appeals for the D.C. Circuit · 1944
- Hill v. DaySupreme Court of Kansas · 1950
- Grouf v. State Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1935
- First-Mechanics National Bank of Trenton v. CommissionerUnited States Board of Tax Appeals · 1939
- Women's Catholic Order v. City of EnnisCourt of Appeals for the Fifth Circuit · 1940
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